INTERFACE AND CONTRAST BETWEEN CONSTITUTIONAL LAW & ADMINISTRATIVE LAW

THE RELATIONSHIP BETWEEN CONSTITUTIONAL LAW AND

ADMINISTRATIVE LAW: AN INDIAN PERSPECTIVE

BROADLY SPEAKING, THERE ARE TWO DISTINCT KINDS OF

LAW NATIONAL[MUNICIPAL] LAW AND INTERNATIONAL LAW.

NATIONAL LAW EXTENDS OVER THE TERRITORY AND PEOPLE

OF THE STATE. [EXTRA TERRITORIAL APPLICATION ALLOWED]

WITHIN THE SPHERE OF THE STATE. THERE ARE TWO KINDS OF LAW. ONE THAT, WHICH GOVERNS THE STATE, AND, THE SECOND,

LAW BY MEANS OF WHICH THE STATE GOVERNS ITS PEOPLE. THE FORMER IS CALLED THE CONSTITUTIONAL LAW AND THE LATTER THE ORDINARY LAW.

INTERFACE AND CONTRAST BETWEEN CONSTITUTIONAL LAW & ADMINISTRATIVE LAW

CONSTITUTIONAL

LAW IS DISTINCT FROM ORDINARY LAW.

FUNDAMENTALLY

IT INCLUDES ALL RULES WHICH DIRECTLY OR

INDIRECTLY AFFECT THE DISTRIBUTION OR THE EXERCISE OF POWER IN THE STATE, AND WHICH ARE ENFORCED BY THE COURTS.
CONSTITUTIONAL

LAW ESTABLISHES THE RELATIONSHIP BETWEEN THE RULERS AND THE RULED.

INTERFACE AND CONSTITUTIONAL LAW

CONTRAST BETWEEN LAW & ADMINISTRATIVE

THE STATE IS BOTH THE CHILD AND THE PARENT OF

LAW. THE CONSTITUTIONAL AND THE ORDINARY LAWS HAVE DIFFERENT CHARACTERS AND HAVE DIFFERENT SANCTIONS. ORDINARY LAW IS MADE AND ENFORCED BY THE COMPETENT AUTHORITIES OF THE STATE, AND IT DETERMINES THE RELATIONS OF THE CITIZENS TO THE STATE AND TO ONE ANOTHER.

INTERFACE AND CONTRAST BETWEEN CONSTITUTIONAL LAW & ADMINISTRATIVE LAW

CONSITUTIONAL

LAW IS THE SUPREME AND HIGHEST LAW OF THE COUNTRY. NO LAW CAN BE REGARDED ABOVE THE CONSTITUTION OF INDIA.

THE CONSTITUTIONAL LAW IS ALWAYS REGARDED

AS THE GENUS. IT IS

THE MAIN LAW.

IT TOUCHES ALL THE BRANCHES OF LAW AND GIVES GUIDELINES RELATING TO ORGANIZATION AND POWERS OF ORGANS OF THE STATE.

INTERFACE AND CONTRAST BETWEEN CONSTITUTIONAL LAW & ADMINISTRATIVE LAW

IT DEMARCATES THE CONSTITUTIONAL STATUS OF

MINISTERS AND PUBLIC SERVANTS. IT ALSO IMPOSES CERTAIN POSITIVE DUTIES ON ADMINISTRATORS, VIZ, IMPLEMENTATION OF SOCIAL WELFARE SCHEMES. THE CONSTITUTIONAL LAWS HAVE COMPLETE CONTROL ON THE ADMINISTRATIVE LAW AND ADMINISTRATORS OF THE COUNTRY.

INTERFACE AND CONTRAST BETWEEN CONSTITUTIONAL LAW & ADMINISTRATIVE LAW

ADMINISTRATIVE
LAW DEFINES IN DETAIL THE MANNER IN WHICH THE GOVERNMENT THROUGH ITS VARIOUS ORGANS EXERCISES THE POWERS THAT ARE CONFERRED UPON IT BY THE CONSTITUTIONAL LAW. IS NOT THE SUPREME LAW OF THE COUNTRY RATHER IT IS SUBORDINATE TO THE CONSTITUTIONAL LAW.

IT

IT DEALS WITH THOSE ORGANS AS IN MOTION.

IT DOESN'T DEAL WITH ALL BRANCHES OF LAW, RATHER IT DETAILS

WITH THE POWERS AUTHORITIES. AND FUNCTIONS OF ADMINISTRATIVE

INTERFACE AND CONTRAST BETWEEN CONSTITUTIONAL LAW & ADMINISTRATIVE LAW

IT

DEALS WITH THE POWERS AND FUNCTIONS OF ADMINISTRATIVE AUTHORITIES, INCLUDING SERVICES, PUBLIC DEPARTMENTS, LOCAL AUTHORITIES AND OTHER STATUTORY BODIES EXERCISING ADMINISTRATIVE POWERS, QUASI JUDICIAL POWERS, ETC.
CONTROL OF THE ACTIVITIES OF THE EXECUTIVE BRANCH OF GOVERNMENT.

ADMINISTRATIVE LAW IS ALSO CONCERNED WITH JUDICIAL

IT ALSO DEALS WITH THE GROUNDS ON WHICH DECISIONS AND

RULES MADE BY THE EXECUTIVE CAN BE CHALLENGED IN THE COURT. THE ADMINISTRATORS HAVE TO FOLLOW CONSTITUTIONAL LAW FIRST AND NEXT THE ADMINISTRATIVELAW.